By: Brent Adams & Associates October 15, 2025

How To File A Personal Injury Lawsuit In North Carolina

Types of personal injury claims in North Carolina

Personal injury claims here in the Tar Heel State can arise from all sorts of incidents, and each one comes with its own unique legal twists that you need to understand. Common types of personal injury cases you might face include motor vehicle accidents, slip and fall incidents, medical malpractice situations, and injuries caused by defective products that shouldn’t have made it to market.

An experienced personal injury attorney who knows the ins and outs of North Carolina personal injury law can help you navigate our state’s legal system, no matter what type of accident you’ve been through. Understanding how North Carolina courts handle these cases and what your legal options may be can make all the difference if you’re dealing with an injury that wasn’t your fault.

Most personal injury lawyers here in North Carolina work on what’s called a contingency fee basis, so you don’t have to worry about coming up with money for upfront legal fees when you’re already dealing with medical bills. This means your attorney only gets paid if they successfully recover compensation for you, allowing you to focus on getting better without the added stress of legal bills piling up.

Whether you’re dealing with lost wages because you can’t work, mounting medical bills that keep coming, or ongoing physical pain that affects your daily life, a personal injury attorney who understands North Carolina law can help you pursue compensation for all your losses.

Getting a handle on the specific type of personal injury claim you have is the first step toward building a strong case and recovering the compensation you deserve under North Carolina law.

How much time do I have to file a personal injury lawsuit?

In North Carolina, the legal time limit (statute of limitations) to file a personal injury lawsuit is generally three years from the date of the accident. However, other deadlines can apply in some situations, and only an attorney can advise you of which deadline applies in your case.

Most personal injury cases must be filed within this time limit to be considered valid. Moreover, just because you have three years to file a personal injury lawsuit doesn’t mean you should wait that long to take legal action. The sooner you take the suggested steps below, the stronger your legal case will be in most instances.

First, see a doctor

The first step before you even think about filing a lawsuit is to seek medical treatment for your injury. Many people skip this if they feel fine after an accident, but pain can develop over time, and you could still be injured even if you feel no symptoms. So, it is always advisable to be examined by a medical professional.

This is obviously crucial for your health, but getting medical attention also protects your legal rights. Seeing a doctor creates documentation of your injuries, including hospital bills and other medical expenses, that you need to support your claim or lawsuit. It also makes it harder for the insurance company to dispute or downplay your injuries.

Dealing with insurance companies after an injury

After sustaining an injury in NC, navigating the complexities of dealing with insurance companies can prove to be one of the most daunting aspects of your entire recovery process. Insurance adjusters often operate with remarkable speed when it comes to settling claims, but their fundamental objective remains crystal clear—to minimize financial payouts rather than ensuring you receive the comprehensive, fair settlement that truly reflects the full scope of your damages.

Without the strategic guidance and in-depth knowledge of an experienced North Carolina personal injury lawyer who understands the nuances of local insurance practices and state regulations, you may find yourself subjected to significant pressure to accept an offer that falls drastically short of covering your mounting medical expenses, substantial lost wages, ongoing rehabilitation costs, or the various other damages that have resulted from your injury.

In the vast majority of personal injury cases throughout North Carolina, having skilled legal representation can make an absolutely critical difference in the outcome of your claim. A seasoned personal injury attorney who has extensive experience practicing in NC courts and dealing with local insurance companies possesses the specialized knowledge necessary to effectively negotiate with these insurance entities and can serve as a powerful advocate for your best interests at every crucial step of the legal process.

By allowing your attorney to handle all communications and negotiations with insurance adjusters—who are well-versed in tactics designed to minimize payouts—you can successfully avoid the common pitfalls that frequently trap unrepresented claimants and significantly increase your chances of securing the full compensation you legitimately need to move forward with your life and recovery.

Don’t allow insurance adjusters to systematically undervalue your claim through their practiced negotiation strategies—work with a dedicated legal team that possesses the experience and determination to fight relentlessly for a truly fair settlement that accurately reflects the full extent of your damages and losses.

Understanding contributory negligence in North Carolina

North Carolina is among just a handful of states that still follows the harsh doctrine of contributory negligence when it comes to personal injury cases. What does this mean for you? If you’re found to be even 1% responsible for your accident – whether it’s a car crash, slip and fall, or any other incident – you could walk away with absolutely nothing.

Zero compensation. That’s why it’s absolutely critical that you work with an experienced North Carolina personal injury attorney who knows exactly how to navigate this tough legal landscape and protect your rights.

Contributory negligence can be a real nightmare for injury victims in the Tar Heel State, but don’t lose hope. A skilled personal injury lawyer who understands North Carolina law can help you build a rock-solid case that puts the spotlight on the other party’s negligence while shielding you from unfair blame.

If you’re worried about how contributory negligence might torpedo your claim, don’t wait around – get legal advice now. The right attorney can be the difference between walking away empty-handed and getting the full compensation you deserve for your injuries, medical bills, and pain and suffering.

Gathering evidence to support your claim

If you’re building a personal injury claim here in North Carolina, you’re going to need rock-solid evidence to back up your case. This means you’ll want to gather up all your medical records, get statements from any witnesses who saw what happened, collect the police reports, and basically document everything you can think of that supports your claim.

When you work with an experienced personal injury attorney, they’ll know exactly how to pull together and organize all this evidence so you can show just how serious your injuries are and what kind of impact they’ve had on your life.

Here’s the thing about personal injury cases – the quality and how thorough your evidence is can literally make or break whether you get a fair settlement or win your case in court. Your attorney can help you track down additional evidence you might not have thought of, like security camera footage or getting expert witnesses to testify on your behalf, all to make your claim as strong as possible.

When you team up with a skilled personal injury lawyer, you can rest assured that every single detail gets documented properly and your case is built to win. Remember, in these personal injury situations, having all your evidence lined up can be the difference between getting the compensation you deserve and walking away empty-handed.

A step by step look at the personal injury lawsuit process

Step 1: The initial consultation with a personal injury lawyer

Many people are hesitant to hire a lawyer. Even if you aren’t sure whether you want to hire a lawyer, you should at least contact one. You can schedule a free consultation and get answers about your legal options with no obligation to hire the attorney.

A free consultation is an opportunity to discuss the details of your case and get a professional opinion on the best course of action for your case.

Be sure to bring any accident documentation, medical records, and notes that can be useful for building your case. If you’re missing documentation, though, you should still schedule a consultation as soon as possible. Your lawyer can investigate and find any additional documentation you need.

If you have suffered serious injuries, it is especially important to seek legal advice, as personal injury laws in North Carolina can be complex. Experienced attorneys at established law offices can guide you through the legal process and help you understand your rights.

Step 2: The investigation

To move forward with a lawsuit after the initial consultation, your case needs to be investigated. Your personal injury attorney will begin collecting and analyzing the details of your claim and contacting the necessary parties involved.

Your attorney will help gather evidence to support your claim, including documentation of the personal injury accident and proof of the other party’s negligence or someone else’s carelessness. Evidence may include police reports, physical evidence from the accident scene, photos, witness testimony, medical records, and bills.

If your injury occurred on someone else’s property, it is important to notify the property owner promptly to ensure proper documentation and liability handling.

While all this is going on, your attorney should update you and be attentive to any questions you may have.

Step 3: Settlement negotiations

Remember, even if you file a lawsuit, there is no guarantee that your case will go to trial. Most cases settle out of court. Your attorney will negotiate with the insurance company throughout the process and can reach a settlement at any point. To initiate settlement discussions, your attorney may prepare a demand package to present to the defendant’s insurance company, detailing your injuries, liability, and the compensation sought.

Your attorney can also advise you as to whether a particular settlement offer is in your interest. However, the ultimate decision whether to accept or reject a settlement offer is up to the injured person (you).

Step 4: Mediation

Before trial, the parties may go to mediation to try to reach a resolution outside court. No matter the outcome of the mediation, what happens during the process can affect the rest of your case. Having an experienced lawyer handle the mediation is important.

Step 5: Jurisdiction

In certain circumstances, you may be able to choose where to file your lawsuit in North Carolina. You can almost always file your personal injury lawsuit in the county where your injury took place, but there may be other courts that have jurisdiction as well, depending on the circumstances.

This is a very important decision since different courts may be more favorable depending on the circumstances of your legal case. Only an attorney who knows the law and the courts can explain which jurisdiction is in your interest.

Step 6: Pretrial

Different phases happen before a trial begins. After you (the plaintiff) file a lawsuit, a judge will set a deadline for each phase. Depending on the case, the phases can last months to years.

The first phase is the complaint and answer phase. The process begins with filing a formal complaint, which is a document delivered to the party responsible for your injury (the defendant). The complaint outlines the claims, legal basis, and damages sought in your case. The defendant must then send a document admitting or denying the allegations.

During pre-trial proceedings, your attorney may take depositions (sworn statements about the case). Both sides engage in the discovery phase, where they exchange information and evidence to prepare for trial. Both sides can also make various motions, which your attorney can explain to you.

Step 7: Trial

During the trial, your attorney will present your side to a judge and/or jury. Then the defendant will present their defense. The judge or jury will then look at the details of your case to determine fault. The trial is a key part of the legal process to determine liability and award damages.

To break it down, the trial will consist of six parts:

Jury selection
Opening statements
Witness testimony & cross-examination
Closing arguments
Jury instruction
Deliberation and verdict

The goal of the trial is to recover damages and seek compensation for losses resulting from the party’s negligence. In some cases, the court may also award punitive damages to punish egregious conduct and deter similar behavior in the future.

After a settlement is reached or your case is won, your lawyer will work on collecting the compensation and distributing the funds where needed. So, you will receive the funds owed to you, and your attorney will receive their fee. Various lienholders (such as medical providers) may also get a portion of your settlement or verdict, but your attorney may be able to reduce those costs to put more money in your pocket.

Step 8: Post-trial

Sometimes, after a case is won, the defendant may try to file a motion to reduce the amount awarded to you. Either side can also pursue an appeal, which involves going to a higher court.

Don’t go to trial alone

As you learned from the steps above, filing a lawsuit is complicated. While you’re legally allowed to file a lawsuit on your own, it’s in your interest to get professional help. At Brent Adams & Associates, we know how to handle the process. We have experience getting results even in the most challenging cases. Our legal team takes pride in helping make things right for injury victims.

If you have any questions regarding filing a personal injury lawsuit, our law firm today. We will help you with every step of the process. You can count on us to build a strong case and fight for the compensation you deserve.

View All

Reviews

Brent Adams & his team helped me get a good settlement for my personal injury when I was hurt riding as a passenger in a car accident. They are patient, ki(…)

Jachque F.

Hi, I obtained Brent Adams / Associates Law Firm in Fayetteville, NC. My experience was professional, courteous, skillful, reassuring and held with the bes(…)

Joyce M.

After a car accident I needed an attorney to help. Brent Adams and Associates was recommended to me by a friend and I am grateful – they took over and just(…)

K. P.

Vance Jennings did a wonderful job on my disability case. He fought long and hard to help me. I would highly recommend him and the amazing staff at Brent A(…)

Donna S.

I sustained a serious work related injury which started out okay until I began having issues with the comp carrier. Shirley and Sheila were helpful in keep(…)

Lee W.

My name is Melinda and I am 19 years old. I was involved in an accident and I knew I needed to seek a North Carolina lawyer’s help. The first person who ca(…)

Melinda B.

My car was recently in a parking lot accident. This has never happened to me and I had questions as would anybody so I requested Brent Adams free car accid(…)

Leah J.

I was in a car accident and came to Brent Adams & Associates for help. Their auto accident attorneys took my claim and helped me out tremendously. They gat(…)

Ashley M.

Thank you Vance Jennings, Sheila Chavis & Brent Adams! From my personal injury case to my disability claim you were by my side. Always professional while a(…)

Kimberly J.

OHHH MYYY GOOOOOODDD I LOVE EVERYTHING ABOUT BRENT ADAMS AND ASSOC. I came to them about a year ago with my dog bite. They were so considerate and concerne(…)

Keandra R.

Vance Jennings is an excellent disability attorney. He is caring and understanding of my situation. He helped me get my disability awarded when SSDI denied(…)

Veronica K.

I would recommend them to anyone who has been injured in an accident. They are very professional and will respond quickly to any questions or concerns you (…)

Tammy R.

Very pleased with the way they assisted me when I needed help with regards to a motor vehicle accident. They were able to answer every question I had asked.

Jenae H.

I would like to thank Raleigh workers’ compensation attorney Sheila Chavis for helping me with my workers’ comp settlement. She is very professional and go(…)

Carl

Dear Mr. Adams: I am very well satisfied with your legal services and very happy with my North Carolina workers’ compensation settlement. Your workers’ com(…)

Robert S.

If you need a North Carolina disability lawyer, Vance Jennings is awesome! Vance Jennings will fight for you and he is excellent! The whole staff at Brent (…)

Tammy S.

North Carolina injury lawyer Brent Adams is a great attorney and a great person. He handled two situations for my father and I and was very professional an(…)

David L.

I have known Dunn injury attorney Brent Adams for many years and used Mr. Adams to help me with an accident several years ago. He did a great job for me. M(…)

Benjamin F.

The injury law services I received from Brent Adams & Associates were unbelievable. I couldn’t have asked for a better Dunn personal injury lawyer. Brent A(…)

Tawana D.

We can’t begin to thank you and Sheila Chavis enough for all that you have done. You have made this very long journey a little easier to deal with. I know (…)

Kenneth and Shirley C.

Mr. Adams helped my sister out after she was involved in a life changing accident. He gave her great legal advice. He has stayed in contact with her till t(…)

T. G.

I would like to thank Brent Adams & Associates for being so willing to offer free information to those unsure of who to turn to after a car accident. I tru(…)

Jacqueline B.

I really appreciate the caring professional attitude with which my needs were met by Brent Adams & Associates. None of the local Dunn injury attorneys were(…)

Alice P.

I am grateful for the service I received from NC workers’ comp attorneys at Brent Adams & Associates. After being very dissatisfied with another workers’ c(…)

Teresa M.

I am writing to say Brent Adams’ personal injury law firm is one of the best. Brent Adams & Associates personal injury lawyers handled my case for me. Not (…)

Frances K.

When my husband and I were involved in an NC automobile accident, we though our world had ended. We didn’t know what to do. Brent Adams & Associates took o(…)

Catherine F-V.

Brent Adams is awesome!! I have told all my friends that if they are ever in a NC car wreck, to call Brent Adams & Associates, and don’t trust the insuranc(…)

Andrea C.

Sometimes special people come into our lives. Raleigh SSDI attorney Vance Jennings is certainly one of those people. I was at my wit’s end when I came to B(…)

Sharon B.

I am very pleased with Brent Adams & Associates. I am big on customer service. They have given me 100% satisfaction in customer service. They called me to (…)

Toriana W.

Thank you for the book Ten Costly Mistakes That Can Wreck Your North Carolina Case. The book was more extensive and informative than I expected. Truthfully(…)

Peg T.

Dunn injury lawyers at Brent Adams & Associates helped me out a lot. Especially when I had no idea of what to do after an accident. They jumped in and made(…)

Ella C.

Dunn Social Security Disability lawyer Vance Jennings and Kathy Faircloth are a blessing. They went beyond means with my North Carolina disability case, wh(…)

Emma W.

After the accident, I didn’t know which way to go. The insurance company began calling, wanting me to agree to things I didn’t understand. It was scary. Bu(…)

Lisa E.

Just a short note to let you know your North Carolina injury lawyers and your staff have definitely changed my opinion of lawyers. I did not expect the car(…)

Keturah H.

Dunn injury lawyer Brent Adams and his staff are the greatest! Sometimes when you go to a business, employees treat you like you are nothing. But not at Br(…)

Reginald P.

Dunn injury lawyer Brent Adams is one of the best injury lawyers in the country. All the people in his North Carolina injury law office are really great! T(…)

Ernest T.